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HomeMy WebLinkAbout0799 CITY OF LAKEVILLE .DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: 799 AN ORDINANCE AMENDING TITLE 11 (ZONING ORDINANCE) OF THE LAKEVILLE CITY CODE RELATED TO RESIDENTIAL BUFFER YARDS. THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 11-21-9.B.2.a 4f the Lakeville Gty Code is hereby amended to read as follows: 2. All landscaping incorporated in said plan shall conform to the following standards and criteria: a. Minimum Size: All plants must at least equal the following minimum size in conformance with American Nursery Association standards.: Bare Root Potted/ Balled Or And Burlappe d Shade trees* 2 1/2 2 1/2 inch inch diameter diameter Ornamental trees 6 to 7 2 inch (flowering crabs, feet diameter Russian olive, hawthorn, etc.) .Evergreen trees 6 feet Tall shrubs and 3 to 4 3 to 4 feet hedge material feet (evergreen or deciduous) Low shrubs, 18 to 24 24 to 30 inch deciduous.- inch Evergreen - 18 to 24 inch 24 to 30 inch Spreading evergreens 18 to 24 inch 18 to 24 inch *Type and mode are dependent upon time of planting season, availability, and site conditions (soils,. climate, ground water, manmade irrigation, grading, etc.). 1 Section 2. Section 11-21-9.C of the Lakeville City Code is hereby amended to .read as follows: C. Residential Buffer Yards.. Except. for lots of record or preliminary platted lots having legal standing established on January 1, 1994, the following additional lot requirements and screening provisions shall be required for parcels abutting major collector or arterial streets as designated by the Lakeville Transportation Plan.: 1. Lot and Setback Requirements: a. Lots of Record and Preliminary Plat or Concept-Plan.. Lots Approved by the.City- Councilprior to January 17, 200: (1) For double-frontage lots,.:. the following. standards shall .apply: RS-1 RS-2 RS-3 RS-4 RST-1 RST-2 Lot Depth 2 20ft. 170ft. 150ft. 145ft. 150ft. 150ft. (2) For corner lots where the side yard abuts the major collector or arterial street, the following standards shall apply: RS-l RS-2 RS-3 RS-4 RST-1 R5T-2 Lot Width 130ft. 130ft. 110ft. 100ft. 110ft. 110ft. (3) For lots or record and preliminary plat or concept plan .lots approved. by the City Council after February 16,.1999 the following setback requirements shall apply for to the yard of a lot abutting a major collector or arterial street: RS-1 RS-2 RS-3 RS-4 RST-1 RST-2 RM-1 RH-1' Side .Yard 40ft. 40ft. 30ft. 30ft. 30ft. 30ft. Soft. 50ft. Rear Yard 50ft. 50ft. 50ft. 50ft. 50ft. 50ft. 50ft. 50ft. b. Lots abutting major collector streets preliminary platted after January 17, 2006: (1} For double-frontage lots, the following. standards shall apply: RS-1 RS-2 RS-3 RS-4 RST-1 RST-2 Lot Depth 220ft. 170ft. 150ft. 150ft. 150ft. 150ft. R®ar 60ft. 60ft. 60ft. 60ft. 60ft. 60ft. Setback 2 (2) For corner lots where the side yard. abuts the major collector. street, the following standards shall .apply: RS-1 RS-2 RS-3 R5-4 RST-1 RST-2 Lot Width 135ft. 135ft. 130ft. 130ft, 130ft. 130ft. Side 50ft. 50ft. 50ft. 50ft. 50ft. 50ft. Setback c. Lots abutting arterial streets preliminary platted after January 17, 2006: (1) Fordouble-frontage lots, the following standards shall apply: RS-I RS-2 RS-3 RS-4 .RST-1 RST-2 Lot Degth 220ft. 170ft. 170`ft. 170ft. 17Oft."" 170ft, R®ar 70ft. 70ft. 70ft. 70ft. 70ft. 70ft. Setback (2) For corner lots where the side yard .abuts the arterial street, the following standards shall apply: RS-1 RS-2 RS-3 RS-4 RST-1 RST-2 Lot Width 145ft. 145ft. 140ft. 140ft. 140ft. 140ft. Side 60ft. 60ft. 55ft. 55ft. 55ft. 55ft. S®tback d. Within the RM-1 and RH-l Districts, the following principal building setbacks shall apply: (1) Major collector streets: 50 feet (2} Arterial streets: 70 feet 2. Easement: A drainage and utility easement shall be established over the full depth and width of the required buffer yard encompassing all plantings and the slopes of earth berms required by this Section.. No structure shall be installed within the easement other than a fence as may be allowed by Section 11-21- 9.C.6.c or a residential fence on a single lot located no closer to the right-of-way than the top of the interior slope of a berm or on the interior side of plantings required by this Section. 3. Screening Plan Required: For applicable subdivisions, a comprehensive screening plan. shall be submitted. The plan shall identify all proposed buffer screening in 3 both plan and sectional view. A certified grading plan shall be provided prior to installation of any plantings to verify consistency with the approved grading and screening plan.. 4. Timing/Responsibility Of Installation: Weather permitting, all buffers, berms, and/or plantings shall be constructed or planted prior to the .issuance of a final certificate of occupancy. 5. Maintenance: a. Maintenance of the buffer yard berms, plantings and/or fences shall be the responsibility of the individual propertyowners or, if ,applicable, the homeowners'.. association.. b. The color of the screening wall or fence shall be uniform along its entire length and comply with the standards established by the i~akeville corridor and gateway design study, dated August 2, 1999. Any modifications to the screening wall or .fence shall require the approval of the zoning administrator.. c. All repairs to the screening wall or fence shall be consistent with the original screening wall or fence design in regard to location and appearance. d. Replacement of landscape materials or plantings in a buffer yard area shall be consistent with the approved .buffer yard screening plan. e. All repair or plant replacement .shall be done within forty five (45) days of written notification from. the city or if applicable, the homeowners' association. 6. Design Standards: a. Buffer Yards: Except where natural vegetation is acceptable, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer to the following heights:. (1) Major collector streets: Ten feet (10'). 4 (2) Arterial streets: Twelve feet (12'). (3) The height of the berm shall be measured along a line drawn at the _ back of the curb of the roadway, or the edge of bituminous,. to the ground elevation at the rear line of the building pad to the peak of the berm. (4) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than ten feet (10') above the grade of an adjacent. major collector street or twelve. feet (12') above the grade of an adjacent arterial street, the minimum screening height requirements of this section shall not apply. (5) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than six feet (6'} below the centerline grade of an adjacent major collector or arterial street, the minimum screening height requirements shall be reduced by four feet (4') along major collector streets or by six feet (6') along arterial streets. b. Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the Zoning Administrator. All plantings within designated buffer yards shall adhere to the following: (1) Plant material centers shall not be located closer than five feet (5') from the fence line or property line, and shall not conflict with public plantings, sidewalks,.. trails, etc. {2) Landscape screen plant material shall be in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the zoning administrator. (3} Shrubs shall be arranged to lessen the visual .gaps between trees. Along arterial streets, all plantings of deciduous trees shall be supplemented with shrubs such that 5 the buffer yard contains a continuous band of plants. (4) Deciduous shrubs shall not be planted more _ than four feet (4') on center, andlor evergreen shrubs shall not be planted more than three feet (3') on center. (5) Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted not morethan fifteen feet (15') apart. c. Walls_And Fences.; All ..walls and .fences erected within designated buffer yards sha l meet the.... following conditions: (1) Walls and. fences formally approved as part of the subdivision and site plan process shall. conform to all of the requirements of this section. (2) At least fifty percent (50~) of the street side of a screening fence shall be landscaped with plant materials. Plant materials shall be at least equal to the fence height. (3) Fences may be exposed no more than a maximum length of twenty feet (20') between landscaping areas or clusters. (4) For interior lots, a gate constructed of the same material as the fence shall be provided. in the wall or fence to allow for maintenance of the street side boulevard. (5) Fences and landscaping shall not be located. within the "traffic .sight visibility triangle" as defined in section 11-16-15 of this title. d. Earth Berms: Earth berms within. designated buffer yards shall adhere to the following: (1) Except in areas of steep: slopes or where other topographic features will not permit, as determined by the City Engineer, an earth berm shall be installed in all designated buffer yards in accordance with the following minimum height requirements: 6 (A) Major collector streets: Four feet (4') (B) Arterial streets: Six feet (6'). (2) The slope.. of the earth berm shall not exceed a three to one (3: 1) slope unless approved by the City Engineer. (3} The earth .berm shall contain no less than four inches (4") of topsoil. Section 3. Section. 11-50-13 of the Lakeville .City Code is hereby amended to read as follows: 11-50-13: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RS-1 District subject to additional requirements, exceptions and modifications set .forth in this Title: .Lots Of Record And Preliminary Platted Lots Having Legal Standing Lots Of Record After On January 1, 1994 January 1, 1994 Lot Area: Corner 20,000 square feet 24,000 square feet Interior 20,000 square feet 20,000 square feet Lot Width: Corner 100 feet 120 feet Interior 100 feet 100 feet Setbacks: Front yards 30 feet 30 feet Rear yards 30 feet 30 feet Side yards l0 feet on each. 15 feet on each side, or side, or 20 feet 30 .feet on the side yard on the side yard abutting a public right abutting a public. right of way right of way. Buffer Yard: Refer to Secion 11-21-9.C of this Title. S@GtIQn 4. Section 11-51-13 of the Lakeville City Code is hereby amended to read as follows: 11-51-13: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RS-2 District subject to additional requirements, exceptions and modifications set forth in this Title: 7 Lot Area: Corner 18,000 square feet Interior 15,000 square feet Lot Width: Corner 120. feet Interior 100 feet. Setbacks: Front .yards 30 feet Rear yards 30 feet Side yards 15 feet on each side, or 30 feet on the side yard .abutting a public right- of way Buffer Yard: Refer to Section 11-21-9.C of this Title. Section 5. Section 11-52-43 of the Lakeville City Code is hereby amended. to read as follows: 11-52-13: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed. in an RS-3 District subject to additional requirements, exceptions and modifications set forth in this Title: Lot Area: .Corner 12,500 square feet Interior 11,000 square feet Lot Width: Corner 100 feet Interior 85 feet Setbacks: Front yards 30 feet Rear yards 30 .feet Side yards l0 feet on each side, or 20 feet on the side yard abutting a public right of way Buffer Yard: Refer. to Section 11-21-9.C of this Title. Section 6. Section 11-53-13 of the Lakeville City Code is hereby amended to read as follows: 11-53-13: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RS-4 District subject to additional requirements, exceptions and modifications set forth in this Title: g Lot Area: Corner 11,250 square feet Interior 9,375 square feet Lot Width: -Corner -90 feet Interior 75 feet Setbacks: Front yards 30 feet Rear. yards 30 feet .Side yards 7 feet from the adjacent lot, or 20 feet on the side yard abutting a public right of way Buffer Yard: Refer to Section 11-21-9.C of this Title. $~Ct1on 7. Section 11-54-13 of the Lakeville City-Code is hereby amended to read as follows: 11-54-13: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RS-CBD District subject to additional requirements, exceptions and modifications set forth in this Title: Lot Area:. Corner 10,080 square feet Interior 8,400 square feet Lot Width: Corner 90 feet Interior 75 feet Setbacks: Front yards 30 feet Rear yards 30 feet. Side yards 7 feet from. the adjacent lot, or 20 feet. on the side yard abutting a public right of way Buffer Yard: The buffer yard requirements of Section 11-21-9.C of this Title shall not apply to the RS-CBD District. Section 8. Section 11-56-13 of the Lakeville City Code is hereby amended to read as follows: 11-56-13: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RST-1 .District subject to additional requirements, exceptions and modifications set forth in this .Title: 9 Single-Family .Two-Family Lot Area: Corner 12,50 square feet 15,000 square feet Interior 11,000 square feet 15,000 square feet Lot Width: Corner 100 feet 100 feet .Interior 85 feet 100 feet Setbacks: Front yards 30 feet 30 feet Rear yards 30 feet 30 feet Side yards 10 feet on each side, 10 feet on each side, or 20 feet on the side or 20 feet on the side yard abutting a public yard abutting a public. right of way right of way Buffer Yard: Refer to Section 11-21-9.C of this Title. Section 9. Section 11-57-15 of the Lakeville City Code is hereby amended to read as follows: 11-57-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RST-2 District subject to additional requirements, exceptions and modifications set forth in this Title: A. Single-Family Detached Dwellings: Lot Area: Corner 12,500 square feet Interior 11,000. square feet Lot Width: Corner 100 feet Interior 85 feet Setbacks: Front yards 30 feet Rear yards 30 feet Side yards 10 feet from the adjacent lot, or 20 feet on the side yard abutting a public right of way Buffer yard: Refer to Section 11-21-9.C.1 of this Title. B. Detached Townhome and Two-Family Dwellings: 1. Base Lot Minimums: Within the RST-2 District, the following minimum base lot requirements. shall be 10 imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of Section 11-57-13 of this Chapter prior to subdivision of unit lots.. a. Lot Area: Fifteen thousand (15,000) square feet. b. Lot Width: One hundred .feet (100'). 2. Unit Lots: The following minimum unit lot requirements shall be applied to the subdivision of detached. townhome and two-family dwellings to permit individual private ownership of a single dwelling within such a structure: a. Lot Area: Detached townhome. and twin home .unit lots shall have sufficient lot`area to include the living area, garages, decks, patios, or porches of the individual dwelling units. b. Lot Width: (1) Detached Townhome: Fifty feet (50'). (2) Two Family Dwelling: Fifty feet (50') 3. Base Lot Setbacks: a. A minimum setback of thirty feet (30') shall be required at the periphery. of the base lot development. 4. Building Setbacks: The following minimum internal setbacks shall be imposed on detached townhome and twin home developments that include more than one principal structure on a base lot: a. Setback between buildings within the same base lot preliminary platted after April 5, 2004 shall maintain a minimum separation of twenty feet {20') . b. Buildings shall be setback a minimum of thirty feet (30') from public rights-of-ways. c. A protective natural buffer and building setback shall be provided for all designated wetlands in conformance with Section 11-16-13 of this Title. 5. Buffer Yard: Refer to Section 11-21-9.C of this Title. Section 10. Section 11-58-17 of the Lakeville City Code is hereby amended to read as follows: 11 11-58-17: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements shall be observed in an RM-1 District subject to additional requirements, exceptions and modifications set forth in this. Title: A. Single-Family. Detached Dwellings: Lot Area: Corner 12,500 square feet Interior 11,000 square feet Lot Width: Corner 100 feet Interior 85 feet Setbacks: Front yards 30 feet Rear yards 30 feet Side yards 10feet from the adjacent lot, or 20 feet on the side yard abutting a public right of way Buffer yard requirements as applicable to the RS-3 District shall apply to single family lots within the RM-1 District. B. Two-Family, Townhome, Quadraminium Dwellings: 1. Base Lot Minimums: Within the RM-1 District, the following minimum base lot requirements shall be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of Section 11-5$-15 of this Chapter prior to subdivision of unit lots. a. Lot Area: Twenty thousand (20,000) square .feet. b. Lot Width: One hundred feet ..(100'). 2. Unit Lots: The following minimum unit lot requirements shall be applied to the subdivision of two-family dwellings, quadraminiums or townhomes to permit individual private ownership of a single dwelling within such a structure: a. Lot Area: Twinhome, quadraminium, or townhome unit .lots shall have sufficient lot area to include the living area, garages, decks, patios. or porches of the individual dwelling units. b. Lot Width: (1) Two-Family Dwelling:: Fifty feet (50'). 12 (2) Quadraminium: Fifty feet (50'). (3) Townhome: Twenty five feet (25'). 3. Base Lot Setbacks: a. A minimum setback of thirty feet (30') shall be required at the periphery of the base lot development. 4. Building Setbacks: The following minimum internal setbacks shall be imposed on medium-density developments that include more than one principal structure on a base lot: a. Setback `between buildings within the same base lot preliminary platted after April 5, 2004 shall maintain a minimum separation of .twenty five feet (25') b. Buildings shall be setback a minimum of thirty feet (30') from the back of curb line of private drives and public rights of way and fifteen feet (15') from guest parking areas. c. A protective natural buffer and setback shall be provided for all designated wetlands in conformance with Section 11-16-13 of this Title. 5. Buffer Yard: The additional screening and lot requirements of Section 11-21-9.C shall apply. Section 11. Section 11-61-15 of the Lakeville City Code is hereby amended to read as follows: 11-61-15: LOT REQUIREMENTS AND SETBACKS: The following minimum requirements. shall be observed in an RH-1 District subject to additional requirements, exceptions and modifications set forth in this Title: A. Base Lot Minimums: Within the RH-1 District, the following minimum base lot requirements shall. be imposed. The base lot shall represent the smallest lot or parcel which may accommodate development within the framework of the permitted density of Section 11-61-13 of this Chapter prior to subdivision of unit lots. 1. Lot Area: Twenty thousand (20,000) square feet. 2. Lot Width: One hundred feet (100'). 13 B. Unit Lots; Two-Family, Townhomes, Quadraminium Units: The following minimum unit lot. requirements shall be applied to the subdivision of two-family dwellings, quadraminiums or townhomes to permit individual private ownership of a single dwelling within such a structure: 1. Lot Area: Twinhome, quadraminium, or townhome unit lots shall have sufficient lot area to include the living area, garages, decks, patios or porches of the individual dwelling units. 2. Lot Width: a. Two-Family Dwelling: Fifty feet (50'). b. Quadraminium: Fifty feet. (50').: c. Townhome: Twenty five feet (25'). C. Unit Lots; Single-Family Detached Dwellings: Lot sizes and setback requirements for transitional single-family detached dwellings required by Section 11-61-21 of this Chapter shall be subject to the same standards imposed by the abutting residential district for which the transition is intended to buffer. D. Base Lot .Setbacks: A minimum setback of thirty feet (3D') shall be required at the periphery of the base lot development. E. Building Setbacks: The following minimum internal. setbacks shall be .imposed on developments that include more than one principal structure on a base lot: 1. Setback between buildings within the same base lot preliminary platted after April 5, 2004 shall maintain a minimum separation of twenty five .feet (25'). 2. Buildings shall be setbacks minimum of thirty feet (30') from the back of curb line of private .drives and public rights of way and fifteen feet. (15') from guest parking areas. 3. A protective natural buffer and building setback shall. be provided for all designated wetlands in conformance with Section 11-16-13 of this Title. F. Buffer Yard: The additional screening and lot requirements of Section 11-21-9.C shall apply. Section 12. This Ordinance shall be effective immediately upon its passage and publication according to law. 14 PASSED and ADOPTED by the Lakeville City Council this 17~' day of January 2006. CITY OF LAKEVILLE BY: Robert D. John n, Mayor ATTEST BY: Charlene Friedges, Ci lerk 15 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUIYIIVIARY OF ORDINANCE NO. X99 , AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE RELATED TO RESIDENTIAL BUFFER YARDS This Ordinance. amends .Title 11 of the Lakeville City Cade. The ordinance will revise zoning regulations in the following areas: residential buffer yard. landscaping standards and criteria; lot, setback and screening requirements for: parcels abutting major collector or arterial struts. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Cierk, APPROVED FOR PUBLICATION this 6th ~y of February , 2006, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE J BY: ~ ~4 Robert D. Jo son, Mayor ST• t Charlene Friedges, City lo~sl~.ol RNK:08/11/2003 PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 799, AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE RELATED TO RESIDENTIAL BUFFER YARDS This Ordinance amends Title 11 of the Lakeville City Code. The ordinance will revise zoning regulations in the following areas: residential buffer yard landscaping standards and criteria; lot, setback and screening requirements for parcels abut- ting major collector or arterial streets. A printed copy of the ordinance is avail- able for inspection by any person during regular office hours at the office of the City Clerk. APPROVED FOR PUBLICATION this 6th day of February, 2006, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T265 2/11/06 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 33 I A.02, 33 I A.07 and other applic- able laws, as amended. (B)The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once eaehmeeirrfor �� sw ks; it was first published on Saturday, the 1LYIday of CA� ati,(% !/ , and was thereafter printed and published on every Saturday to and including Saturday, the day of _ ; and print- ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ahcdefghijklmnopgrstuvHxyz BY: TITLE: Managing Editor Sub cribed and sworn to before me on this U- . 1 day of Notary Public g. CAROL J. HAVERLAND It 4Notary. pt,ihiic-Minnesota yr .. " My Gcmniissfon Expires Jan 31 2010